Lead attorney for the Jamaica Labour Party, Queens Counsel (Q.C.) Frank Phipps came under fire from colleague attorneys at the Thursday sitting of the Manatt/Dudus Commission of Enquiry during his cross examination of Lieutenant Colonel Patrick Cole, Head of the Legal Unit at the Jamaica Defence Force (JDF).
Mr. Phipps wanted Colonel Cole to reveal the identity of the head of the Military Intelligence Unit (MIU).
However, Lieutenant Colonel Cole's attorney, Linton Gordon, refused, arguing that it was dangerous to do so.
Attorneys representing the People's National Party (PNP) supported the objection.
Commission Chairman, Emil George Q. C., was forced to adjourn at the height of the contention, with the matter being discussed further, in chambers.
Small to ask PM’s permission
It later emerged that Colonel Cole was not prepared to reveal the identity of the MIU's head, adding that he would have to apply to the Defence Board for permission to do so.
Prime Minister, Bruce Golding, is the Chairman of the Defence Board. Prior to the adjournment, Mr. Gordon submitted that the application should be made by Secretary to the Commission, Dr. Allan Kirton.
Attorney representing the Prime Minister, Hugh Small, Q.C., sought to assist.
"I will speak with my client this afternoon and inform him of what has happened today and asked him to indicate who the matter can be treated so as to facilitate the efficient running of this Commission of Enquiry," Mr. Small said.
Conflict of interest
However, Patrick Atkinson, one of the attorneys representing the PNP, would have none of it.
"That raises another problem because parties in this hearing are members of the Defence Board and for counsel of one of the parties to be speaking to his client to arrange for circumstance to occur whereby a decision can be taken as to whether for Lieutenant Colonel Cole should release certain information seems to smack of a conflict of interest," he said.
The Commission Chairman ruled that the Secretary to the Commission should make the application.
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